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HomeMy WebLinkAboutMinutes - 09/29/1993 - City Council REGULAR MEETING SEPTEMBER 29, 1993 The Regular Meeting of the McHenry City Council was called to order by Mayor Cuda on Wednesday, September 29, 1993 at 7:30 P.M. in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Locke, Bates, Lawson, Baird. Absent: None. City Staff in attendance: City Clerk Gilpin, City Attorney McArdle, City Administrator Peterson, Director of Building and Zoning Lobaito, Director of Parks and Recreation Merkel, Director of Public Works Batt, Chief of Police Joyce. Absent: None. TER MINUTE PUBLIC INPUT SESSION During the Ten Minute Public Input Session, Anton Rebel of 4009 Maple Avenue, McHenry, commented on the annexation of the McDonald's restaurant at the corner of Route 31 and Bull Valley Road. He was against it. On the proposed annexation of Haystacks Manor at 5603 W. Bull Valley Road, he was in favor of that annexation. He commented that sidewalks should be required in the River Park Subdivision, east of the river, outside City limits. CONSENT AGENDA Motion by Bates, seconded by Bolger, to approve the Consent Agenda as follows: (1) Change Order No. 2 for Central Wastewater Treatment Plant to Hayes Plumbing for $662.50; (2) Partial Payment No. 6 to Hayes Plumbing, Inc. for Central Wastewater Treatment Plant Improvements for $62,100.00; (3) Partial Payment No. 3 to William A. Randolph, Inc. for $53,867.88 for Water Treatment Plant No. 4 Improvements; Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. ANNEXATION AND ZONING OF MCDONALD PROPERTY Attorney Tom Zanck, representing McDonald Corporation, presented an annexation agreement, an ordinance annexing the property, and an ordinance zoning the property. Zanck reported that changes had been made in the annexation agreement as requested at a previous hearing. One of the changes mentioned was in Paragraph 5B, that a pre-condition to the benefited property owner receiving his permit to connect, the recapture fee would have to be paid before the permit is issued. Motion by Baird, seconded by Bolger, to pass an ordinance approving the McDonald Corporation annexation agreement, as presented, and authorize the Mayor and City Clerk to execute the agreement. Voting Aye: Bolger, Locke, Bates, Lawson, Baird, Cuda. Voting Nay: None. Absent: None. Motion carried. Motion by Baird, seconded by Lawson, to pass an ordinance providing for the annexation of the McDonald property to the City of McHenry, as presented. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Baird, seconded by Lawson, to pass an ordinance amending the Zoning Ordinance of the City of McHenry reclassifying the property to C-3 Commercial and granting a Conditional Use Permit for the operation of a drive-thru restaurant, for a variation as to minimum lot width and the approval of a Preliminary Plat of Subdivision for the McDonald property, located on the northeast corner of Illinois Route 31 and Bull Valley Road, as presented. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. September 2.9, 1993 Page 2 ZONING RECOMMENDATION FOR TAE JO CLEANERS Attorney John Roth, representing Tae Jo Cleaners of 4400 W. Elm Street, McHenry, was present at the meetin& to answer questions of the Aldermen concerning the text amendment and conditional use request for a cleaning establishment at the McHenry Market Place. Motion by Bolger, seconded by Locke, to concur with the Zoning Board of Appeals' recommendation and pass an ordinance granting a conditional use for Tae Jo Cleaners, and to amend the Zoning Ordinance text, subject to the following conditions: 1) The Conditional Use permit be limited to approximately 2,000 feet at the location formerly occupied by Shamrock Cleaners at 4400 W. Elm Street, McHenry; 2) The duration of the conditional use permit be limited to the terms of the lease signed by the petitioner and the landlord for the subject premises; and 3) The Conditional Use Permit be granted to the petitioner, Tae Jo, and his family and not to any subsequent owners of the business who might wish to seek a Conditional Use Permit on their own merits; PROPOSED ANNEXATION OF HAYSTACKS MANOR David Kruk, owner of Haystacks Manor at 5603 W. Bull Valley Road, McHenry, presented a concept plan for a new restaurant he plans to operate in that location. He reported that he wanted to annex the property into the City and create a fine dining restaurant using the existing home on the property, and building a 3,600 square foot addition. Before proceeding to the Zoning Board of Appeals and Plan Commission, Mr. Kruk wanted to get an indication from the City Council as to their thoughts on his proposal. Motion by Bolger, seconded by Lawson, to recommend to Mr. Kruk that he proceed to the Plan Commission and Zoning Board of Appeals with his project. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. RIVER PARK SUBDIVISION FINAL PLAT The Council approved a preliminary plat for River Park Subdivision several months ago. The subdivision is within the 1 1/2 mile planning jurisdiction of the City. The subdivision contains 41 lots on 54 acres. The property will be served by individual well and septic systems. Since the property is not within the City boundaries, individual lots will pay the County school impact fee of $3,240 when building permits are issued. Park, Library, and Fire District fees will be paid to the City at the time of final plat approval. The Plan Commission voted 6-0 to approve the final plat of this subdivision. Motion by Bolger, seconded by Locke, to approve the final plat of River Park Subdivision, as presented subject to payment of required fees. Voting Aye: Bolger, Locke, Bates, Lawson. --- Voting Nay: None. Absent: None. Abstaining: Baird. Motion carried. LEATHERS PARK PLAYGROUND The Parks & Recreation Department was approached in September 1992 by a group of citizens concerning the development of a volunteer, community-built playground in a City park. A presentation of Leathers and Associates, who design playgrounds around the country, was made at a September meeting, and was well received by everyone. Park Director Merkel has been working with co-coordinators Debbie Glick and Debbie Heisler to distribute information on this project through the local media and the schools. In searching for a site, Whispering Oaks Park was September 29, 1993 Page 3 considered the most centralized and desirable site because a bicycle path being built through McHenry would allow for pedestrian and bicycle traffic to access this playground safely. The project coordinators met with the Whispering Oaks Community Center Board of Directors to review the playground plans for this site. The project was favorably received by the Board. On October 26, 1993, representatives from Leathers and Associates will be in McHenry to meet with school children to develop plans for this playground. Debbie Heisler and Debbie Glick were in attendance at the meeting to make a presentation and answer questions of the Aldermen. Motion by Baird, seconded by Lawson, to approve Whispering Oaks Park as the location for the community-built playground, to be developed by Leathers and Associates. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. C-4 ZONING DISTRICT ISSUES At the Council meeting of September 22, 1993, a discussion on the C-4 re-zoning request of Chuck Miller for property located at the south end of Riverside Drive was held. The City Attorney was directed to provide an ordinance to create permitted and conditional uses in the C-4 zoning district. The ordinance was presented to the Council tonight for its review. After discussing the draft ordinance prepared by the City Attorney, it was decided to submit a petition to the Zoning Board of Appeals for a hearing on the matter. Motion by Baird, seconded by Locke, to refer the proposed ordinance for C-4 changes to the Zoning Board of Appeals for a hearing. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Victricia Deidrich of Box 255, McHenry, addressed the Council and reported she was representing her parents who are the owners of 1208 N. Park Street, which is adjacent to the west parking lot of the Dobyn's House restaurant. She asked to be notified in the future when this was brought before the Zoning Board of Appeals and the Council for any discussion. The City Clerk was directed to correspond with her on any meetings that occur concerning the C-4 Zoning District issue. PAYMENT OF CHROMA CORPORATION IRB BONDS In 1978, Chroma Corporation was issued $680,000 in Industrial Revenue Bonds for the purchase of property, construction of a building, and purchase of equipment. This agreement was done with the Village of McHenry Shores prior to its annexation into the City of McHenry in 1982. A provision of the agreement allows Chroma Corporation to purchase title to the property, building, and equipment for a nominal fee upon retirement of the bond. A Resolution, Bill of Sale, and Special Warranty Deed accomplish the transfer of the City's interest to Chroma Corporation. These documents were submitted to the City Attorney for review and approval. Motion by Locke, seconded by Baird, to pass the proposed Resolution, approve the Bill of Sale and the Special Warranty Deed, and authorize the Mayor and City Clerk to sign the documents on behalf of the City. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. MFT RESOLUTION FOR PHASE II GREEN STREET The Council of Mayors approved funds for the Phase II reconstruction of Green Street from Shepherd of the Hills Church to the south side of Knox Park. Motor Fuel Tax funds have been budgeted by the City for this project in the amount of $125,000. September 29, 1993 Page 4 Motion by Baird, seconded by Bolger, to pass a resolution authorizing the use of Motor Fuel Tax funds in the amount of $125,000 for the Phase II reconstruction of the Green Street project,. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. SUPPLEMENTAL INSURANCE FOR CITY EMPLOYEES Last year representatives of AFLAC approached the City to determine whether employees were interested in purchasing additional supplemental insurance with no City participation. A meeting was held with employee group representatives to establish employee interest. No follow-up meetings were scheduled because employee representatives did not indicate one was needed. AFLAC representatives are asking the City to provide the opportunity to conduct one-on-one meetings with City employees. It was noted that the policy of the City does not endorse, nor does it care to render an opinion, on this insurance. Participation in the program would be voluntary by each employee. Motion by Locke, seconded by Baird, to refer this matter to the Finance Committee for further discussion. Voting Aye: Bolger, Locke, Bates, Lawson. Voting Nay: Baird. Absent: None. Motion carried. MAYOR'S STATEMENT AND REPORTS Mayor Cuda reported that Tom Huemann, Chairman of the Johnsburg Plan Commission, had requested a meeting with the City of McHenry concerning boundary issues that affect Johnsburg and McHenry. The Mayor, City Administrator Peterson, City Clerk Barbara Gilpin, and Plan Commission Chairman Vicki Sheppard met with Johnsburg Plan Commission Chiarman Tom Huemann and Johnsburg Plan Commission member Nancy Wolf. The Mayor proposed that after the updated Master Plan for Water and Sewer was received from Baxter & Woodman concerning what areas would be served by City water and sewer, that another meeting would be scheduled to further study the matter. Mayor Cuda also discussed a letter received from Charles T. Reilly, who is the City's attorney for traffic cases. He requested clarification on the policy of the City for imposing a minimum $1,000 fine for DUI tickets. In the letter, Reilly asked for the Council's permission to enter into negotiations with defendants if he felt the circumstances were appropriate to reduce the fine to $750.00. Reilly proposed that the fine for a DUI first time offender should be $1,000. However, if the defendant pays immediately or within a reasonable time, such as 30 days, the fine would be discounted to $750.00. The Council stressed that the $1,000 fine for DUI tickets was applicable in all cases, and the Council did not want to rescind the Statuatory Summary Suspension connected with the first DUI offense, otherwise the Council agreed in concept with his proposal. The Mayor also reported that he and the City Attorney had been meeting with Don Gerstad and attorney Sam Diamond on the Hillside Annexation Agreement. Negotiations were taking place between Gerstad, Cuda and McArdle over various minor issues. He asked the Council if this procedure was all right, or did the Council want to be involved in the negotiation of these items. It was the consensus of the Aldermen that it was all right to have the Mayor and Attorney negotiate with Gerstad, but that the Council should be kept up to date on what was occuring. Also, that the final draft of the annexation agreement be presented to the Aldermen at least a week in advance before they meet with the developer so that it can be reviewed in detail by each Alderman prior to the meeting. September 29, 1993 Page 5 Mayor Cuda reported that he had just received a letter from a firm that is liquidating Hemphill, Inc. , which states that Hemphill has ceased its operations effective September 22, 1993, and are now in the process of liquidation. The letter states that their assets are being taken over by one of Hemphill's major creditors. A copy of the letter will be sent to each Alderman so that it can be discussed at the next meeting. However, it appeared that warranty work on the homes in the Oaks of McHenry subdivision will not be done. The City has a letter of credit on hand which can be used to complete the public improvements in that subdivision. Action on that letter of credit will be taken at the next Council meeting. COMMITTEE REPORTS Alderman Locke, Chairman of the Finance Committee, reported that a copy of the Finance Committee minutes of September 22, 1993 were on each Alderman's desk. Rather than read the Finance Committee report, he requested that all of the items the Committee recommended for action should be placed on the next Council agenda for approval. STAFF REPORTS Director of Building and Zoning Lobaito presented a request by Green Tree Child Care for a temporary sign to be installed at the McHenry Corporate Center on Route 31. They were requesting the sign for a period of three months. Motion by Locke, seconded by Baird, to approve the installation of a temporary sign for Green Tree Child Care for a three-month period of time. Voting Aye: Bolger, Locke, Lawson, Baird. Voting Nay: Bates. Absent: None. Motion carried. Director of Building and Zoning Lobaito also reported that the McHenry Township Fire Protection District had requested that the $20 fee for a temporary sign be waived in order for them to advertise "Fire Protection Week". Motion by Locke, seconded by Lawson, to waive the $20 fee for a temporary sign for the McHenry Fire Protection District in order to advertise "Fire Protection Week". Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Director of Parks & Recreation Merkel reported that a Grant hearing on the purchase of property through CORLANDS would be held in Springfield on Thursday, October 14, 1993. He invited as many Aldermen as possible to attend this hearing. City Administrator Peterson mentioned the 10 foot easement which the City retained at the Old City Hall, 1111 N. Green Street, was in bad shape. The sidewalk was disintegrating and presented a dangerous condition. He was authorized to use City crews to remove the existing sidewalk and replace it when the Public Works Department had time to do it. NEW BUSINESS Alderman Locke reported that a meeting would be held at the Whispering Oaks Community Center from 7:00-9:00 p.m. on October 14, 1993. He invited all Aldermen and the Mayor to attend, and asked the City Staff to also be present. Chief Joyce will give a detailed description of the Community Policing Program which just was put into operation. Alderman Bolger urged cooperation and assistance to the West Shore Beach people who are interested in annexing that subdivision to the City. He was authorized to talk to the County to see if they could help the Homeowners Association in getting some assistance, either by Grants or other methods for their annexation. September 29, 1993 Page 6 EXECUTIVE SESSION Motion by Locke, seconded by Lawson, go into Executive Session at 10:25 P.M. to discuss property acquisition and pending litigation. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Locke, seconded by Bolger, to go back into Open Session at 10:38 P.M. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. Discussion was held on the Waters Edge drainage problems. City Administrator Peterson was directed to contact the Property Owners Association in that area to see if they would have money available to assist in making repairs to that drainage ditch, and then have the City maintain it after the repairs are made. ADJOURNMENT Motion by Bates, seconded by Lawson, to adjourn. Voting Aye: Bolger, Locke, Bates, Lawson, Baird. Voting Nay: None. Absent: None. Motion carried. The meeting adjourned at 10:38 P.M. CITY CLERK MAYOR